1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant, the owner of Dobong-gu Seoul Metropolitan Government A Apartment 106 Dong 607 (hereinafter “instant apartment”), did not pay to the Plaintiff management expenses and late payment charges from March 2013 to April 2016 (hereinafter “instant management expenses, etc.”).

B. Article 13(2) of the Management Rules of Multi-Family Housing of this case provides that “In cases where an occupant leases his/her own house to a user, he/she shall be liable for the arrears of the management fee, user fee, long-term repair appropriations, etc.

C. Meanwhile, around October 2013, the Plaintiff filed a lawsuit against the Defendant with the Seoul Northern District Court to pay management expenses and late payment damages for the instant apartment from around October 2007 to January 2013, 2013, and the said court rendered a judgment that “the Defendant shall pay to the Plaintiff KRW 4,268,260 as well as 5% per annum from June 25, 2012 to March 12, 2013, and 20% per annum from the next day to the day of full payment” (the said judgment became final and conclusive on November 19, 2013).

(Reasons for Recognition) [No dispute exists in the court 2013Na2977] / [Ground for Recognition] / Each entry in Gap's 7 through 9 (including branch numbers; hereinafter the same shall apply], significant facts in this court, the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the unpaid management expenses and late payment fees and damages for delay to the plaintiff, who is the managing body of the apartment of this case, unless there are special circumstances.

B. The Defendant asserted that, on August 29, 2014, deposited KRW 6,210,498 as the instant management expenses, etc. to the Plaintiff and that there was no additional management expenses to be paid since the Plaintiff received them. However, although the statement in the evidence No. 1 alone, the said amount is the management expenses, etc. of this case.